How legally/morally binding is a verbal contract?

[Nannoo]

Posted again - from Mass.

My husband and I were offered a car by a friend, at a price that we all agreed on. This same price was mentioned again at various times over the past few weeks. We are on the verge of taking possession of the car, and were told over a glass of wine that the price would now be 20 per cent more .... his words were "the bad news is that we want to up the price". From this it is obvious that there was no misunderstanding. Apart from feeling extremely hurt and angry, what is the law with regard to verbal, witnessed contracts like this? Thank you for your help.

 

[AJK2nd]

Contracts over $5,000 usually must be in writing under the Uniform Commercial Code.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by AJK2nd:
Contracts over $5,000 usually must be in writing under the Uniform Commercial Code.<HR></BLOCKQUOTE>


My response:

The U.C.C. is only operative if you're buying from a commericial establishment, like a car dealership - - is has no bearing or applicability whatsoever with "private party" sales - - of anything.

A private party oral contract is, however, subject to your State's "Statute of Frauds" series of Statutes. An oral contract is, in most States, acceptable and enforceable; however, with an oral contract, the same must be proved to have even existed. Therefore, you're going to need a favorable witness to testify to the "terms and conditions" of the sale; price, delivery, and other conditions, like payments and over how many months, or whether is was a complete cash purchase, etc.

Without proof, and if you're the plaintiff you carry the burden of proof, it is more likely than not, that you will not be able to carry your burden of proof in a lawsuit.

Next time, get the terms and conditions in writing, and signed by all parties to the contract.

IAAL


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